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1tOry CITY OF71ORONO53 RESOLUTION OF THE CITY COUNCIL, y NO. e L eikfSHO1"t The excess coverage(of panels)will likely not be visible outside of the property. Lastly,the State Legislature has determined that inadequate access to sunlight for solar energy systems is a practical difficulty. The configuration of the roof and lack of alternatives establish a practical difficulty. 4. "Economic considerations alone do not constitute practical difficulties." Economic considerations has not been the sole factor in the variance approval determination. 5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78."The applicant has noted that the design of the house roof,the orientation of the accessory structure, and the City's prohibition of ground mounted arrays limit adequate access to sunlight. 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located."This condition is not applicable,as solar arrays are permitted in every district. 7. "The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling."This criteria does not apply. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The structure's orientation to the sun does not support adequate access to the sun for the applicants needs. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The conditions would apply to other structures not properly oriented to the sun. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The right to the sun for solar arrays is a right provided by the city and the state legislature. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." No suggestion that the increased level of solar panels will impact health,safety,and comfort has been received. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty."The variance is not merely a convenience to the applicant. 3